Kolkata Court November 1961 Judgments
Life Insurance Corporation of India Vs. Jayanta Kumar Roy and ors.
Court: Kolkata
Decided on: Nov-30-1961
Reported in: AIR1963Cal416,66CWN467
Sen, J.1. This revision application is directed against an order of the Sub-Judge, 2nd Court, Alipore, dismissing an application under Sections 151 and 152 of the Civil Procedure Code for amendment of the decree drawn up in title mortgage suit No. 3/56 of that Court, on the ground that the decree had not been drawn up in accordance with the judgment. 2. The facts are briefly as follows: Opposite party No. 5 Braja Behari Roy with his two sons and two daughters who were opposite parties Nos. 1 to 4 borrowed Rs 30,000/-from Hindustan Co-operative Insurance Society Ltd. on 20th November, 1952, and executed a mortgage deed in favour of the Society stipulating payment of interest at 7 1/2% with quarterly rests, the mortgaged premises being the premises at 13/2, Swinhoe Street, in Ballyganj, Calcutta. No amount having been repaid on the mortgage, the Hindustan co-operative Insurance Society Ltd. filed on 6th January, 1956, the title mortgage suit No. 3/56 in the second Court of tne Subordinat...
Tag this Judgment!Md. Yusuf and ors. Vs. Sarifan Bibi and ors.
Court: Kolkata
Decided on: Nov-30-1961
Reported in: AIR1962Cal457
P.N. Mookerjee, J.1. This is the defendants' second appeal, arising out of a suit, for inter alia and in subsance, redemption of a mortgage.2. The suit property belonged to pro forma defendant No. 4 Sukhdas Bind. This pro forma defendant No. 4 mortgaged the said property to Rafikunnessa Bibi wife of defendant appellant No. 1, Md. Yusuf, and mother of the other two appellants, who were defendants Nos. 2 and 3 in the court below. The relative mortgage deed is dated December 6, 1949. It recites that it was for a consideration of Rs. 3,500/- which was stated to be the principal amount of the aforesaid mortgage in the said deed. Defendant No. 1, Who is appellant No. 1 before us and who was the husband of the original mortgagee Rafikunnessa Bibi, who has since died, appears to have been a tenant in possession of the suit property at the time of the aforesaid mortgage and ever since. The rent, payable for this tenancy, is Rs. 95/- per month, the tenancy running according to the English calend...
Tag this Judgment!Sm. Gita Rani Debi Vs. Administrator General of West Bengal
Court: Kolkata
Decided on: Nov-30-1961
Reported in: AIR1962Cal513,66CWN240
Bachawat, J. 1. This is an appeal from a decree dismissing a money suit. One Raja Jyot Kumar Mukherjee of Uttarpara died on February 10, 1921, possessed of considerable properties both moveable and immovable. He left behind him surviving his only son Kumar Sanat Kumar and his grandson Prosad Kumar, Prosad Kumar was the son of Sanat Kumar by his first wife. Before his death Raja Jyot Kumar made and published a Bengali Will dated Poush 15, 1326 B. S. corresponding to December 31, 1919. By Clause 6 of this Will Raja Jyot Kumar bequeathed to his son Sanat Kumar several named items of immovable properties as also all other immovable properties which had not been disposed of by the Will and given to Prosad Kumar. By Clause 7 of the Will the testator bequeathed several named items of immovable properties to his grandson Prosad Kumar and provided that during the life time of Sanat Kumar the properties would remain under the possession and superintendence of Sanat Kumar and that Prosad Kumar wo...
Tag this Judgment!Workmen of Hoare Miller and Co., Ltd. Vs. State of West Bengal and ors ...
Court: Kolkata
Decided on: Nov-30-1961
Reported in: (1962)ILLJ721Cal
B.N. Banerjee, J.1. The question for consideration in this rule is whether retired workmen of respondent 3, Hoare Miller & Co., Ltd., are entitled to bonus for the year 1957 which was declared in the year 1958 and whether the dispute as to nonpayment of bonus to them can be raised as an industrial dispute by the workers' union of the company.2. It is not disputed that all workmen of respondent company are entitled, as a condition of service, to an annual bonus equivalent to one month's basic pay and one-twelfth of the year's dearness allowance. This was also what was decided by the Labour Appellate Tribunal in a previous dispute between the respondent and the worker over payment of bonus payable in 1953.3. Forty-two workmen of the respondent company (whose names appear in annexure A. to the petition) retired in the year 1957, on attaining the age of superannuation according to their service condition. To them the company did not pay the bonus for the year of their retirement, which was...
Tag this Judgment!Mcleod and Co. Vs. Sunil Kumar Roy Chowdhury and ors.
Court: Kolkata
Decided on: Nov-30-1961
Reported in: (1962)ILLJ622Cal
B.N. Banerjee, J.1. In the year 1953, when certain industrial disputes were pending between the petitioner company and its workmen, before the first industrial tribunal, the petitioner company applied under Section 33(1) of the Industrial Disputes Act for permission to retrench 66 employees of clerical and subordinate grades of its office, on the ground that they had become surplus to the requirements of the petitioner company. At the hearing of the application for permission, the petitioner modified its prayer and wanted to retrench only 46 of the employees. The tribunal permitted the petitioner to do so. Respondent 2, workman of the petitioner company represented by the McLeod's Indian Employees' Association (hereinafter called the union), appealed to the Labour Appellate Tribunal against the order and the Appellate Tribunal remanded the matter to the Industrial tribunal only in respect of thirty members of the clerical staff, in respect of whom the petitioner had obtained permission...
Tag this Judgment!Tulsidas Mundhra Vs. State of West Bengal
Court: Kolkata
Decided on: Nov-30-1961
Reported in: 1962CriLJ659
ORDERD.N. Das Gupta, J.1. This is a Revisional petition directed against the order of Shri M. Roy, Presidency Magistrate, Calcutta, rejecting the petitioner's prayer for examining defence witnesses.2. On the 7th July, 1960, a charge-sheet was submitted by Inspector Bhuromal of Delhi Special Police Establishment against Haridas Mundhra and Tulshi Das Mandnra under Section 120B of the Indian Penal Code read with Section 409 and Sees. 409 and 477A of the Indian Penal Code. Oh the 6th, August, 1960, both accused appeared before the learned Chief Presidency Magistrate and they were directed to furnish bail of Rs. 10,000/- each and the case was transferred by the learned Chief Presidency Magistrate of Shri M. Roy, Presidency Magistrate, for enquiry. On the 10th October, 1960, the learned Magistrate made the following order:Both accused are present. Copies furnished to each of them. In view of the voluminous documents to 7-12-60 for hearing in presence of both sides.For some reason or other a...
Tag this Judgment!Sunil Kumar Basu Vs. Smt. Nagendra Bala Devi Choudhurani and anr.
Court: Kolkata
Decided on: Nov-29-1961
Reported in: AIR1962Cal238
Sen, J. 1. This is an appeal by the defendant against a decree passed by the Subordinate Judge, 3rd Court. Alipore for Rs. 8000/- on account of arrears of rent for a plot of land. The defendant Sunil Kumar Basu is a tenant under the plaintiff-respondent Sm. Nagendra Bala Devi Choudhurani in respect of 6 Kathas of land, at 1776. Lansdowne Road at a monthly rent of Rs. 150/-. Treating, him as a tenant under the Transfer of Property Act, the plaintiff served a notice of ejectment on the appellant on 14-248, requiring him to quit the land on the expiry of the last day of March 1948. The appellant not having quitted the land, an ejectment suit was instituted, namely, T. S. 45 of 1949, in which the plaintiff prayed for ejectment and arrears of rent for 2 months, namely, February and March. 1953 and mesne profits for use and occupation of the land beginning from April, 1948, till the date of delivery of possession. The suit was contested by the defendant. It was decreed ex parte on two occasi...
Tag this Judgment!Additional Collector of Customs and ors. Vs. Sitaram Agarwalla
Court: Kolkata
Decided on: Nov-23-1961
Reported in: AIR1962Cal242
Debabrata Mookerjee, J.1. This appeal is brought from a decision of G.K. Mitter, J., dated March 25, 1960 Reported in : AIR1960Cal676 , by which the learned Judge directed the issue of Writs in the nature of Certiorari, Mandamus and Prohibition in respect of an order made by the Additional Collector of Customs on the 15th June of 1959.2. The respondent was proceeded against under Section 167 (8) of the Sea Customs Act and a personal penalty of Rs. 60,000/- was imposed upon him by the Additional Collector of Customs on the finding that he was a person concerned in smuggling gold of foreign origin into India. A sum of Rs. 49,320/- found upon his person was directed to be detained in Order to be applied towards realisation of the penalty in the event of its remaining unpaid.3. It appears that besides the respondent two other persons Bholanath Gupta and a Chinese national named Wong Chit Khaw were proceeded against; Bholanath was dealt with in the same proceeding with the respondent but th...
Tag this Judgment!Sm. Suhashini Karuri and Anr. Vs. Wealth Tax Officer, 'D' Ward and Anr ...
Court: Kolkata
Decided on: Nov-23-1961
Reported in: AIR1962Cal295,66CWN176,[1962]46ITR953(Cal)
D.N. Sinha, J.1. This is an application concerned with the Wealth Tax Act, 1957 being Central Act No. 27 of 1957, it came into operation on the 12th September, 1957 and is an Act, the object of which is to provide for the levy of Wealth Tax. Under Section 3 of the said Act, which is the charging section,--subject to the other provisions contained in this Act, there shall be charged for every financial year commencing on and from the first day of April, 1957, a tax known as the wealth-tax, in respect of the net wealth on the corresponding valuation date, of every individual. Hindu undivided family and company specified in the Schedule annexed to the said Act. The word 'net Wealth' has been defined to mean the amount by which the aggregate value computed in accordance with the provisions of the said Act of all the assets, wherever located, belonging to the assesses on the valuation date, is in excess of the aggregate value of all the debts owed by the assessee on the valuation date.2. No...
Tag this Judgment!Sree Type Foundry Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Nov-22-1961
Reported in: (1962)ILLJ715Cal
B.N. Banerjee, J.1. The short point which arises for consideration in this rule, is whether a conciliation officer, appointed under the Industrial Disputes Act (hereinafter referred to as the Act), is competent to continue a conciliation proceeding for more than fourteen days after the commencement thereof or whether he must submit his report on conciliation within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government, otherwise lose his jurisdiction to conciliate.2. Between the petitioner and its workmen there arose an industrial dispute over dismissal of certain workmen and certain demands relating to grade, scale of pay dearness allowance, provident fund, working hours, confirmation in appointments, bonus and other matters, all contained in a charter of demand.3. On the items of dispute being brought to the notice of the Assistant Labour Commissioner, on various dates in the months of July and Au...
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